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Estates
Estates are the assets and liabilities of a deceased person, including land, personal belongings and debts.
6,325 Questions
If the trust was set up as a testamentary trust the testator could have conveyed any property that she owned prior to her death. In that case the property would not become part of the estate nor part of the trust upon her death. There are many cases where a testator devised property in an outdated will that she no longer owned. That land is gone. It was not part of the trust property.
Too late. It was too late when the written request was sent in to and received by the insurance co. If it was a verbal request, I suppose you could be dishonest and lie. Whole life or Cash Value life insurance is for a persons "Whole Life" and therefor generally should not be cashed in unless it was planned that way from the start. The death benefit really helps at the time of....well...death. 4lifeguild
Do the beneficiaries approve executor fees in Oregon?
No, they do not approve executor fees. The probate court will do that and in most cases it is limited by law.
If there are joint executors can one executor have the other removed?
Yes. However, the first executor would need to have just cause to be successful in a petition for the removal of the other executor. Factors the court will consider include but are not limited to the following: neglect of duties, waste of assets, lack of cooperation with co-executor, unwillingness to act responsibly and effectively. The court will review the matter and decide if it would be in the best interest of the beneficiaries to remove that co-executor.
According to your question, your mother and your daughter owned property together. That deed should be recorded in the land records. If they owned as joint tenants with the right of survivorship, when your mother dies her interest in the property would pass automatically to your daughter and bypass probate.
If your mother signed a quitclaim deed that conveyed her interest to you, that deed must be recorded in the land records. By executing that deed, she broke the joint tenancy she had with your daughter and now you and your daughter own the property as tenants in common. Your mother no longer owns the property and it would not be included in her probate estate.
Letters testamentary are issued by a probate court to the executor or administrator of the estate of a deceased person, and provides a license to the person named to collect the assets and pay the debts prior to distribution of any gifts to heirs.
Can surviving children leave the deed on a house in the parents name?
This will depend on the lender. Normally the estate can continue the mortgage for a reasonable period of time. It is up to the finance company to determine whether they trust the beneficiaries to continue the mortgage.
How is closing a deceased parent's estate done in NC?
Once all of the deceased ills have been paid can the left over funds be distributed?
Does an executor have the right to repair the deceased property?
Yes. The proper maintenance of the decedent's property is the responsibility of the executor until the property has been sold or distributed. If repairs are needed the executor can make the decision to have them done.
a big No
u probaly can bring that 2 court but im not positive
What is the age of majority for contractual capacity in Washington State?
The age to contract is 18. You can sign one younger, but the other party is taking a risk that you won't back out. They often require a co-signer, someone that is an adult.
Once the Probate is completed (approx. 8 months to a year in Canada) then a lawyer will be sure all is legal and he will give the checks to the Heirs.
If the Heirs know approximately how much they will get out of the Will they are free to take a copy of that Will and take it a bank and take out a loan for as much as their inheritance will bare. When they get the inheritance, and if they are smart they'll pay their debt off in full. No monies can be touched until the IRS and creditors are satisfied and Probate has passed.
Can one sell the whole of the property on a 50-50 share without the other consent?
No. The first rule of conveyancing is that a grantor can only sell what they own. When there are multiple owners of property any one owner can only sell their proportionate interest in the property. Therefore, if there are two people who own a single property, one can only sell their one-half interest. It may be difficult to find a buyer if the property is a single family dwelling. The one half interest may be conveyed if the property is held as tenants in common or as joint tenants.
The situation becomes more complicated if the property is owned in a tenancy by the entirety, a special tenancy reserved for married people. In a T/E the "survivorship rights" of the other cannot be severed. In some states one tenant by the entirety cannot sell their interest in the property. In some states they can transfer their interest but the grantee acquires a tenuous title that depends on the life of the grantor.
For example, Norah and Ethan owned property as T/E in Massachusetts. Ethan decided to leave (there was no divorce) and transferred his interest in the property by deed to his brother Liam. In some states that deed would be void. In this case the title would play out as follows. If Norah died then Liam would become the sole owner of the property. If Ethan died then Norah would become the sole owner because her survivorship rights with Ethan could not be severed. Liam would be out of luck.
It depends upon what you mean by co-owners. If they own the property as "Tenants in Common," then they each own a particular percentage of the property which they can pass along at their death to whomever they wish. If they own the property as Tenants in Common, then yes the deceased brother's share will have to go through probate (unless there was a recorded beneficiary deed).
If they own the property as "Joint Tenants" or "Joint Tenants with Rights of Survivorship" then once the first brother dies the property automatically passes to the surviving brother by operation of law. No probate would be necessary in that scenario. The surviving brother would just have to file an Affidavit of Death in the county where the property is located as well as a certified copy of the death certificate.
You will know how they own the property based upon what the deed originally conveying the property says. If the deed is silent, state law assumes Tenants in Common.
*Check with an attorney, or the court that the trustee makes his report to. *I am not sure you have a right to these. In fact, it may not be right to show them to you and are to be kept confidential. If you have a - specific relevant question or concern -, not just want to go snooping for something like what she has, who she received something from or who she may have paid what too, why don't you just try asking for that? But again, don't be surprised if something worded like "how much money did Mom give my sister last year" does not get an answer. *If you are an hier to your mother's estate, and I assume you are, I believe you are entitled to examine the bank statements, especially if the executor of the estate also had control of your mother's assets during the last year of her life. You should petition the court to order that the statements be provided to you. Don't be surprised if nothing is actually done, though. Rotten stuff goes on all the time concerning estates and probate and usually nothing is done to rectify the wrongs or to punish the perpetrator. Most people learn too late that the executor is mishandling an estate and the courts don't place priorities on doing anything about the wrongs done by executors. The only way to really protect your interests is to learn the code for your state and let the executor know very soon after the death that you are aware of your rights, want to be informed of their plans before the plans are carried out, and will be watching what they do. I believe it would also help to let the court and the estate attorney (if there is one) to know this, too. It helps to keep the executor more honest, or at least his or her damage to a minimum. Also, I would not recommend hiring an attorney. I would look up the code for your state and represent myself. You can actually do everything an attorney can do in cases of probate. Of course, it would not hurt to consult with an attorney, but as far as having him in court, if all states are like Indiana, the process is actually pretty informal, so I would save the money. Not having an attorney present also allows you to say what you want to say without having to go through another person. I'm not an attorney, though, so take this advice however you want. The best advice I can offer to you is to keep a cool head and think about what you are going to do BEFORE you do it. Of course, you might not be able to take a lot of time to think about things, but don't make any rash decisions. It's too easy to make stupid decisions because the emotional aspects of contesting what an executor is doing or has done are very draining. I know. I've been there. ------------------- The above answers are poor. The answers confuse the issue. The trustee of an estate is NOT the executor, although the same person(s) may serve both functions. And to tell you not to seek an attorney's advise is ludicrous. Your state's laws on trusts and estates may only be expertly interpreted by an estates and trust attorney (and I am not a lawyer but I still state that). If you are a named heir, you should have regular reports from the trust's trustees. If you don't then there is a problem. Further, as a beneficiary you generally have the right to examine the trust at any point. If the trustee is not supplying you the records you request: 1. Make sure you document the request, ie, send it certified; 2. Absolutely consult an attorney. If you believe there is trustee malfeasance you are a fool if you don't consult an attorney. 3. Sic an attorney on the trustee. A trust is to be the most sacred agreement in the law. If there is malfeasance (hanky panky) the outlaw trustee should be brought to justice, and made to feel the pain. "When things go wrong, you'll find they usually go on getting worse for some time; but when things once start getting right they often go on getting better and better." C. S. Lewis The Magician's Nephew but ; In what concerns you much, do not think that you have companions : know that you are alone in the world. : Henry David Thoreau
US Transcendentalist author (1817 - 1862) as to pursuing your right to mother's stuff BE IMPECCABLE ABOUT YOUR WORD DON'T TAKE THINGS PERSONALLY DON'T MAKE ASSUMPTIONS ALWAYS DO YOUR BEST : if all else fails : ask the trustee : whom you, i guess, trusted : "what's the deal?" :
If a Beneficiary is deceased who is entitled to the Policy if no secondary beneficiary is named?
The policy will be paid to the decedent's estate if there are no named beneficiaries or if the ones named have predeceased. the legal spouse or next of kin
NO, Do not trust anyone. Sorry to say this but I do not trust most of mine either. I have lived at various locations and quite safely too lol, my home being permanently watched by the neighbors opposite and often by those on both ends of the street too. Wow, makes me feel as famous as a rock star, to say the least. I think it was George B Shaw who said that "Man may choose his friends, but only God gives you your neigbours!"
Which provides greater protection for the buyer a bargain and sale deed or a quit claim deed?
Neither type of deed carries any warrantees. Both simply convey any interest of the grantor in the property if the grantor has any interest. The buyer must have a comprehensive title examination performed by a professional to determine the status of the title and what interest will be conveyed by the deed.
Neither type of deed carries any warrantees. Both simply convey any interest of the grantor in the property if the grantor has any interest. The buyer must have a comprehensive title examination performed by a professional to determine the status of the title and what interest will be conveyed by the deed.
Neither type of deed carries any warrantees. Both simply convey any interest of the grantor in the property if the grantor has any interest. The buyer must have a comprehensive title examination performed by a professional to determine the status of the title and what interest will be conveyed by the deed.
Neither type of deed carries any warrantees. Both simply convey any interest of the grantor in the property if the grantor has any interest. The buyer must have a comprehensive title examination performed by a professional to determine the status of the title and what interest will be conveyed by the deed.
Does Colorado allow you to disown an adult child in your will?
Yes. You just have to write in your will that your adult child gets NOTHING.
easy just ask the tax people
Can an affiant on a small estate afidavit withdraw from being an heir to the estate in Oregon?
Anyone can withdraw from being an heir. There is no requirement to accept an inheritance.
Can you sell property to your child before death?
Yes, as long as it is sold at a fair market value. If it is sold for a fraction of value, the estate may be able to pull it back into the estate as a gift.
Does a will have to be read by a solicitor?
In the US: It is not required that a will be read by a solicitor/attorney. An Executor -an heir - or a Trustee - may fulfill the duty.
What happens to a property if an ex-husband did not remove et ux from a deed before he died?
Generally, if a husband and wife own property as tenants by the entirety and they divorce, their tenancy is changed to a tenancy in common. Each would own one half interest and it would pass to their heirs at law if they died. Their estate would have to be probated. A joint tenancy might not be affected and the property would pass to the other joint tenant upon the death of the first.
The laws vary in different jurisdictions. You need to consult with an attorney in your jurisdiction who can check the original tenancy and the laws in your jurisdiction.
Generally, if a husband and wife own property as tenants by the entirety and they divorce, their tenancy is changed to a tenancy in common. Each would own one half interest and it would pass to their heirs at law if they died. Their estate would have to be probated. A joint tenancy might not be affected and the property would pass to the other joint tenant upon the death of the first.
The laws vary in different jurisdictions. You need to consult with an attorney in your jurisdiction who can check the original tenancy and the laws in your jurisdiction.
Generally, if a husband and wife own property as tenants by the entirety and they divorce, their tenancy is changed to a tenancy in common. Each would own one half interest and it would pass to their heirs at law if they died. Their estate would have to be probated. A joint tenancy might not be affected and the property would pass to the other joint tenant upon the death of the first.
The laws vary in different jurisdictions. You need to consult with an attorney in your jurisdiction who can check the original tenancy and the laws in your jurisdiction.
Generally, if a husband and wife own property as tenants by the entirety and they divorce, their tenancy is changed to a tenancy in common. Each would own one half interest and it would pass to their heirs at law if they died. Their estate would have to be probated. A joint tenancy might not be affected and the property would pass to the other joint tenant upon the death of the first.
The laws vary in different jurisdictions. You need to consult with an attorney in your jurisdiction who can check the original tenancy and the laws in your jurisdiction.
